United States v. Earnest J. Price

Price appeals from his conviction of having refused to submit to induction under the Universal Military Training and Service Act, 50 U.S.C. App. § 462.

After Price had been found qualified for induction into the armed forces, his local Selective Service Board, on April 23, 1968, mailed him an Order to Report for Induction on May 28, 1968. On April 30, 1968, Price requested an appointment with an Appeal Agent, and on the same day he was mailed a Notice of Appointment (SSS Form No. 218), advising him that his requested appointment had been arranged for May 7, 1968. There is no indication that Price appeared for this appointment. Thereafter, he reported for induction on May 28, 1968, as he had been ordered to do by the Order of April 30, 1968. He refused to submit to induction, however, and, in explanation of his refusal, supplied a handwritten statement which, in its only significant part, reads, “ * * * I am the only working member of my family, and I am needed at home to support my family.” No such claim had been previously made. On this appeal, Price makes two contentions: (1) That his local Selective Service Board was required, after the new claim of alleged hardship was…